Understanding Sharia Processes: Women's Experiences of Family Disputes

Sharia family law processes have attracted increasing debate and controversy in the United Kingdom, Canada and Australia in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes. This open access book studies women’s experiences with these processes in Australia, with attention to the question of how religious communities and liberal legal systems can best respond to the needs of Muslim women who use these processes. In doing so, the book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, the book makes a significant contribution to the international discussion and response to sharia processes. The ebook editions of this book are available open access on bloomsburycollections.com. Open access was funded by Melbourne Law School.

Table of Contents:
1. Introduction I. Concerns about Sharia Processes II. Why Sharia Processes Exist III. The Importance of Women’s Experiences IV. Methodology V. Significance and Outline 2. People, Procedures and Practices I. Introduction II. British Institutions and Processes A. Key Organisations, Procedures and Practices III. Canadian Institutions and Processes A. Key Organisations B. Procedures and Practices IV. Australian Institutions and Processes A. Key Organisations, Procedures and Practices V. Conclusion 3. Women’s Perspectives and Experiences I. Introduction II. Before Sharia Processes A. Family B. Professionals and Community Workers III. Reasons for Seeking a Religious Divorce A. Spiritual Motivations B. Ending Emotional Exploitation C. Closure and ‘Moving On’ D. Avoiding Stigma IV. Women’s Experiences of Sharia Processes A. Emphasis on Reconciliation B. A Lack of Skills and Training C. A Lack of Transparency D. Responding to Domestic Violence E. Acknowledgement of Injustice F. Gender Imbalance on Panels G. Re-traumatisation, Privacy and Forum-shopping H. Impact on Faith V. Conclusion 4. Imams’ Roles and Perspectives I. Introduction II. Imams’ Understanding of their Role in Reconciliation III. Imams’ Understanding of their Role in Divorce A. Role as Service-Providers and Advocates for Women B. Backlash for Carrying Out Roles in Divorce Proceedings IV. Responding to the Concerns of Women and Professionals A. The Need for Training and Resources B. Responding to Domestic Violence C. Gender Imbalance in Sharia Processes V. Conclusion 5. Outcomes of Sharia Processes I. Introduction II. Divorce Outcomes A. Summary of the Types of Islamic Divorce B. Divorce Outcomes from Sharia Processes III. Financial Outcomes A. Imams’ Limited Advisory Role in Financial Matters IV. Child Custody V. Conclusion 6. Evolution and Change I. Improving Sharia Processes A. Pre-marriage Briefing and Counselling B. Rethinking Marriage Contracts and Delegated Divorce Rights – Talaq Tafweedh C. Financial Agreements D. The Initial Stages of Sharia Processes E. Women on Panels F. Professionals on Panels G. Education and Transparency about Divorce Options and Financial Entitlements H. Clearer Processes and Procedures I. Acknowledgement and Response to Injustice, Abuse and Harm J. Domestic Violence K. Referral and Integration of Support Services L. Sensitivity to Cultural and Linguistic Diversity M. Support and Resources for Religious Divorce N. Enhanced Role for Muslim Women’s Organisations O. Tracking the Australian Legal System II. Improving the Family Law System A. Better Enforcement of Orders against Former Partners B. Better Tailored Legal Aid C. Enhancing the Cultural Sensitivity of Mainstream Services D. Legal Recognition of the Mahr E. A Muslim Family Relationship Centre/Service: A One Stop Shop for Muslim Families III. Conclusion 7. Conclusion Appendix A: Methodology and Project Phases Appendix B: Board of Imams Victoria Marriage Contract Appendix C: Board of Imams Victoria Islamic Mediation/Reconciliation Application Appendix D: Board of Imams Islamic Divorce Application Appendix E: Lebanese Muslim Association Application Appendix F: Summary of Key Sunni Positions on Islamic Divorce Appendix G: Qatari Family Law Code

About the Author :
Farrah Ahmed is Professor at Melbourne Law School, University of Melbourne, Australia. Ghena Krayem is Associate Professor at the University of Sydney Law School, Australia.

Review :
This book is a welcome addition to the existing literature on Muslims practising sharia in the West.